Bourne v. Arruda

Filing 27

ORDER denying as moot 19 Motion for Leave to File a Reply Memorandum; denying without prejudice 4 Motion to Dismiss; granting in part and denying in part 9 Motion to Stay and a Continuance; denying without prejudice 12 Motion for Leave to File Surreply. So Ordered by Magistrate Judge Landya B. McCafferty. (ko)

Bourne v. Arruda

Doc. 27

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Samuel J. Bourne v. John R. Arruda, Jr., et al. ORDER Currently before the court are defendant John R. Arruda's motion to dismiss (doc. no. 4); and his motion to stay proceedings and continue a preliminary pretrial conference currently scheduled for November 15, 2010 (doc. no. 9). Also Civil No. 10-cv-393-LM

before the court are plaintiff Samuel J. Bourne's motion for leave to file a surreply to the motion to dismiss (doc. no. 12) and motion for leave to file a reply memorandum (doc. no. 19) in support of his underlying discovery motion. A. Motions to Dismiss and for Leave to File Surreply Arruda filed his motion to dismiss before the court granted Bourne leave to file an amended complaint. Thus, the motion to The

dismiss concerns a pleading that has been supplanted.

motion to dismiss (doc. no. 4) is denied without prejudice to Arruda's refiling it in response to the amended complaint. The

motion for leave to file a surreply (doc. no. 12) is similarly

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denied without prejudice to renew, as necessary, if Arruda files a motion to dismiss the amended complaint. B. Motion for Stay and to Continue Pretrial Conference Arruda has moved for a stay and to continue the preliminary pretrial conference scheduled for November 15, 2010, on the ground that the interests of proper case management warrant a stay and a continuance. Arruda cites specifically the pendency

of the motion to dismiss and Bourne's history of prolific filings in other cases. The motion for a stay and continuance (doc. no. 9) is granted, in part, to the extent that it seeks to continue the November 15, 2010, pretrial conference. That conference shall

be continued until a date to be set after all defendants have responded to the amended complaint. Arruda's motion for a stay

and continuance (doc. no. 9) is thus granted in part, and denied in all other respects. C. Motion for Leave to File Reply Memorandum Bourne filed a motion for leave to file a reply memorandum (doc. no. 19), in support of his motion to preserve discovery, on November 2, 2010. This court denied the underlying discovery

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motion (doc. no. 11) in an Order issued the same date, November 2, 2010. Therefore, the motion for leave to file the reply

memorandum (doc. no. 19) is denied as moot at this time. Conclusion Arruda's motion to dismiss (doc. no. 4) and Bourne's motion to file a surreply (doc. no. 12) are DENIED without prejudice. Arruda's motion for a stay and a continuance (doc. no. 9) is GRANTED IN PART, as to the continuance, and is DENIED in all other respects. The pretrial conference is hereby CONTINUED

until a date to be set after all defendants have responded to the amended complaint. Bourne's motion for leave to file a

reply memorandum (doc. no. 19) is DENIED as moot. SO ORDERED.

____________________________________ Landya B. McCafferty United States Magistrate Judge Date: November 10, 2010 cc: Samuel J. Bourne, pro se Brian J.S. Cullen, Esquire

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